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  #1  
Old 11-25-2004, 02:16 AM
mamaturtle
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Question

Soil Contamination on Property For Sale


What is the name of your state?Washington

We have placed an offer on a home with 9 acres. There used to be a junkyard on the property. RE agent disclosed this and we made the offer contigent on passing a soil inspection, or seller paying for any cleanup needed. The sampling took 6 weeks and now cleanup needs to be done(removal of contaminated soil and replacement). It has been another 4 weeks and nothing has been done to the land. We really want to buy this place, but how long should we wait for cleanup? Can we get a copy of the soil sample test results even tho the seller paid for it? Our agent doesn't appear to be doing anything about getting the work started by contacting either the seller or guy doing the work. Can we withdraw the offer(which expired weeks ago) and find a more effective agent, making a new offer on the property? Thanks for any insight.
  #2  
Old 11-25-2004, 07:55 AM
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What, if anything, does the contract say about closing date ?
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  #3  
Old 11-25-2004, 11:14 AM
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Quote:
Originally Posted by mamaturtle
What is the name of your state?Washington

We have placed an offer on a home with 9 acres. There used to be a junkyard on the property. RE agent disclosed this and we made the offer contigent on passing a soil inspection, or seller paying for any cleanup needed. The sampling took 6 weeks and now cleanup needs to be done(removal of contaminated soil and replacement). It has been another 4 weeks and nothing has been done to the land. We really want to buy this place, but how long should we wait for cleanup? Can we get a copy of the soil sample test results even tho the seller paid for it? Our agent doesn't appear to be doing anything about getting the work started by contacting either the seller or guy doing the work. Can we withdraw the offer(which expired weeks ago) and find a more effective agent, making a new offer on the property? Thanks for any insight.
**A: why would you want to buy this property anyway?
  #4  
Old 11-25-2004, 02:40 PM
mamaturtle
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Soil Contamination


We made the offer because the price is very good, the acreage is terrific, and the soil contamination is on one acre in the back corner where it is far removed from the house. I was just wondering if I had any right to see the soil sample report. Thanks.
  #5  
Old 11-25-2004, 02:46 PM
mamaturtle
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More Info


There is no contract. We made the offer in early October. The property is a foreclosure that Wells Fargo has Option One selling for them. Apparently things go slower when dealing with foreclosures?? We made the offer contigent on the soil sample testing and repair completion. When they read that, they said they would not look at the offer until the soil issue was taken care of. Now, we are in a multi-month holding pattern. How long does this kind of thing take? We are talking about remote rural county, not like the guy doing the work has a year long backlog of projects. Just getting frustated at the delays. Thanks
  #6  
Old 11-26-2004, 09:58 AM
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Quote:
Originally Posted by mamaturtle
There is no contract. We made the offer in early October. The property is a foreclosure that Wells Fargo has Option One selling for them. Apparently things go slower when dealing with foreclosures?? We made the offer contigent on the soil sample testing and repair completion. When they read that, they said they would not look at the offer until the soil issue was taken care of. Now, we are in a multi-month holding pattern. How long does this kind of thing take? We are talking about remote rural county, not like the guy doing the work has a year long backlog of projects. Just getting frustated at the delays. Thanks
**A: if there is no written contract, then there is no deal.
Search "statutes of frauds" on this website forum for more info.
  #7  
Old 11-26-2004, 04:01 PM
mamaturtle
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Looking at Soil Sample Report


So, do I have a right to look at the soil sample report? I really would like to see the report before making a new offer. Since seller paid for it, do I have a right to see it?
  #8  
Old 11-26-2004, 07:05 PM
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Quote:
Originally Posted by mamaturtle
So, do I have a right to look at the soil sample report? I really would like to see the report before making a new offer. Since seller paid for it, do I have a right to see it?
**A: no, you have no such right.
  #9  
Old 11-26-2004, 07:39 PM
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The company identifying (and possibly correcting) the soil contamination problem may be required to provide their findings to the State Dept of Environmental Health, who would then make a copy available to your local county environmental health office. The contamination is likely gas, oil, antifreeze and other chemicals that can travel via the soil. The health dept will need to know because of the possible effects on groundwater.
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  #10  
Old 11-27-2004, 08:37 AM
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General practice would be to turn in an offer and make the offer subject to inspection of the property, review and approval of the soils report etc.
  #11  
Old 11-27-2004, 11:32 PM
mamaturtle
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Thumbs up

Soil Report


Thank you for the advice. We will be making a new offer with the soil report approval included. You've been a great help!
  #12  
Old 11-28-2004, 09:23 AM
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Quote:
Originally Posted by mamaturtle
Thank you for the advice. We will be making a new offer with the soil report approval included. You've been a great help!
**A: I sure hope the "we" includes a Realtor and/or real estate attorney.
  #13  
Old 11-28-2004, 12:25 PM
mamaturtle
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The "We" in our offer


Yes, the "we" I was refering to is us along with our realtor and the real estate attorney we consulted. The attorney said to not make another offer until the soil reclamation is completed and a new soil sample is done. Hopefully it won't take until the tenth of never for the soil work to be done. Thanks again for the advice.
  #14  
Old 11-29-2004, 12:43 AM
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Quote:
Originally Posted by mamaturtle
Yes, the "we" I was refering to is us along with our realtor and the real estate attorney we consulted. The attorney said to not make another offer until the soil reclamation is completed and a new soil sample is done. Hopefully it won't take until the tenth of never for the soil work to be done. Thanks again for the advice.
**A: ok, you're on the right track. Just making sure you're not digging deeper in the hole.
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